Christina posts over at JT’s place about an appalling case in Pennsylvania, where a judge has dismissed assault charges against a Muslim man after he attacked an atheist wearing a Muhammad costume during a parade. And he did so while blaming the victim for having provoked the attack. Here’s a local TV report on the ruling:
And here’s what the assailants attorney had to say:
R. Mark Thomas represented Elbayomy and applauds the judge.
“I think this was a good dressing down by the judge,” he said. “The so-called victim was the antagonist and we introduced evidence that clearly showed his attitude toward Muslims. The judge didn’t do anything I wouldn’t have done if I was in that position.”
His attitude toward Muslims is of absolutely no relevance to the case. He was either assaulted or he was not, period. Judge Mike Martin should be under investigation for his behavior in this case and this audio will show why. At one point he asks, “Was the defendant’s intent to harass, annoy or alarm? Or was it his intent to try and have the offensive situation negated?” But that simply doesn’t matter. You don’t get to assault someone to “negate” an “offensive situation.” You don’t have a right to assault someone because you’re offended by them. And a judge should damn well know that.
The defendant admitted to assaulting him, said that he tried to rip the sign off and grabbed his beard. In his testimony, he said that he did it to show his son how to respect every religion. Yes, he’s that nuts. And then he actually called 911 and reported the victim because he thought he was breaking the law by insulting his religion. Yes, he’s that nuts. And his attorney argued that since his real intent was to protect his religious feelings, there was no assault.
The judge’s statements start about 29 minutes in to the video below. He says, for example, that in many Muslim countries the victim would be put to death for what he did. Yes, he would. But this is America, where we have the First Amendment. And if the judge doesn’t understand that, he should be removed from the bench immediately and with extreme prejudice.